NRS 126.041 Establishment
of relationship. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]

NRS 126.041 Establishment
of relationship. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]

NRS 126.700 Former
spouse or former domestic partner not parent if marriage or partnership
dissolved or terminated before transfer of eggs, sperm or embryos unless
consented to in record; withdrawal of consent.

NRS 126.900 Promise
to furnish support for child: Enforcement; confidentiality.

_________

GENERAL PROVISIONS

NRS 126.011Applicability of chapter.This
chapter applies to all persons, no matter when born.

(Added to NRS by 1979, 1269)

NRS 126.021Definitions.As
used in this chapter, unless the context otherwise requires:

1. “Custodial parent” means the parent of
a child born out of wedlock who has been awarded physical custody of the child
or, if no award of physical custody has been made by a court, the parent with
whom the child resides.

2. “Nonsupporting parent” means the parent
of a child born out of wedlock who has failed to provide an equitable share of
his or her child’s necessary maintenance, education and support.

3. “Parent and child relationship” means
the legal relationship existing between a child and his or her natural or
adoptive parents incident to which the law confers or imposes rights,
privileges, duties and obligations. It includes the mother and child
relationship and the father and child relationship.

(Added to NRS by 1979, 1269; A 1983, 1867)

NRS 126.031Relationship of parent and child not dependent on marriage;
primary physical custody of child born out of wedlock.

1. The parent and child relationship
extends equally to every child and to every parent, regardless of the marital
status of the parents.

2. Except as otherwise provided in a court
order for the custody of a child:

(a) Except as otherwise provided in paragraph
(b), the mother of a child born out of wedlock has primary physical custody of
the child if:

(1) The mother has not married the father
of the child; and

(2) A judgment or order of a court, or a
judgment or order entered pursuant to an expedited process, determining the
paternity of the child has not been entered.

(b) The father of a child born out of wedlock has
primary physical custody of the child if:

(1) The mother has abandoned the child to
the custody of the father; and

(2) The father has provided sole care and
custody of the child in her absence.

3. For the purposes of this section,
“abandoned” means failed, for a continuous period of not less than 6 weeks, to
provide substantial personal and economic support.

4. As used in this section, “expedited
process” has the meaning ascribed to it in NRS 126.161.

NRS 126.036Liberty interest of parent in care, custody and management of
parent’s child is fundamental right.

1. The liberty interest of a parent in the
care, custody and management of the parent’s child is a fundamental right.

2. Nothing in this section shall be
construed to:

(a) Authorize a parent to engage in any unlawful
conduct or to abuse or neglect a child in violation of the laws of this State.

(b) Prohibit courts, law enforcement officers or
employees of an agency which provides child welfare services from acting in
their official capacity within the scope of their authority.

3. Except as otherwise provided by
specific statute, the provisions of this section apply to any statute, local
ordinance or regulation and the implementation of such statute, local ordinance
or regulation regardless of whether such statute, local ordinance or regulation
was adopted or effective before, on or after October 1, 2013.

4. As used in this section, “agency which
provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

NRS 126.041Establishment of relationship. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]The parent and child relationship between a
child and:

1. A woman may be established by:

(a) Except as otherwise provided in NRS 126.710 to 126.810,
inclusive, proof of her having given birth to the child;

(b) An adjudication of the woman’s maternity
pursuant to this chapter, or NRS 125B.150
or 130.701;

(c) Proof of adoption of the child by the woman;

(d) An unrebutted presumption of the woman’s
maternity;

(e) The consent of the woman to assisted
reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

(f) An adjudication confirming the woman as a
parent of a child born to a gestational carrier if the gestational agreement is
enforceable under the provisions of NRS 126.710 to 126.810, inclusive, or any other provision of law.

(c) By the consent of the man to assisted
reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

(d) By an adjudication confirming the man as a
parent of a child born to a gestational carrier if the gestational agreement
was validated pursuant to the provisions of NRS 126.710
to 126.810, inclusive, or other provision of law.

NRS 126.041Establishment of
relationship. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]The
parent and child relationship between a child and:

1. A woman may be established by:

(a) Except as otherwise provided in NRS 126.710 to 126.810,
inclusive, proof of her having given birth to the child;

(b) An adjudication of the woman’s maternity
pursuant to this chapter, or NRS 125B.150
or 130.402;

(c) Proof of adoption of the child by the woman;

(d) An unrebutted presumption of the woman’s
maternity;

(e) The consent of the woman to assisted
reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

(f) An adjudication confirming the woman as a
parent of a child born to a gestational carrier if the gestational agreement is
enforceable under the provisions of NRS 126.710 to 126.810, inclusive, or any other provision of law.

(c) By the consent of the man to assisted
reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

(d) By an adjudication confirming the man as a
parent of a child born to a gestational carrier if the gestational agreement
was validated pursuant to the provisions of NRS 126.710
to 126.810, inclusive, or other provision of law.

(Added to NRS by 1979, 1270; A 1983, 1867; 1997, 2303; 1999, 3570; 2009, 118; 2013, 812,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)

(a) He and the child’s natural mother are or have
been married to each other and the child is born during the marriage, or within
285 days after the marriage is terminated by death, annulment, declaration of
invalidity or divorce, or after a decree of separation is entered by a court.

(b) He and the child’s natural mother were
cohabiting for at least 6 months before the period of conception and continued
to cohabit through the period of conception.

(c) Before the child’s birth, he and the child’s
natural mother have attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the attempted marriage is invalid or
could be declared invalid, and:

(1) If the attempted marriage could be
declared invalid only by a court, the child is born during the attempted
marriage, or within 285 days after its termination by death, annulment,
declaration of invalidity or divorce; or

(2) If the attempted marriage is invalid
without a court order, the child is born within 285 days after the termination
of cohabitation.

(d) While the child is under the age of majority,
he receives the child into his home and openly holds out the child as his
natural child.

2. A conclusive presumption that a man is
the natural father of a child is established if tests for the typing of blood
or tests for genetic identification made pursuant to NRS
126.121 show a probability of 99 percent or more that he is the father
except that the presumption may be rebutted if he establishes that he has an identical
sibling who may be the father.

3. A presumption under subsection 1 may be
rebutted in an appropriate action only by clear and convincing evidence. If two
or more presumptions arise which conflict with each other, the presumption
which on the facts is founded on the weightier considerations of policy and
logic controls. The presumption is rebutted by a court decree establishing
paternity of the child by another man.

1. After the expiration of the period
described in subsection 2, a declaration for the voluntary acknowledgment of
paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the
same effect as a judgment or order of a court determining the existence of the
relationship of parent and child if the declaration is signed in this or any
other state by the mother and father of the child. A declaration for the
voluntary acknowledgment of paternity that is signed pursuant to this
subsection is not required to be ratified by a court of this State before the
declaration is deemed to have the same effect as a judgment or order of a court
determining the existence of the relationship of parent and child.

2. A person who signs an acknowledgment of
paternity in this State may rescind the acknowledgment:

(a) Within 60 days after the acknowledgment is
signed by both persons; or

(b) Before the date on which an administrative or
judicial proceeding relating to the child begins if that person is a party to
the proceeding,

Ê whichever
occurs earlier.

3. After the expiration of the period
during which an acknowledgment may be rescinded pursuant to subsection 2, the
acknowledgment may not be challenged except upon the grounds of fraud, duress
or material mistake of fact. The burden of proof is on the person challenging
the acknowledgment to establish that the acknowledgment was signed because of
fraud, duress or material mistake of fact.

4. Except upon a showing of good cause, a
person’s obligation for the support of a child must not be suspended during a
hearing to challenge a voluntary acknowledgment of paternity.

1. A child, his or her natural mother, a
man presumed or alleged to be his or her father or an interested third party
may bring an action pursuant to this chapter to declare the existence or
nonexistence of the father and child relationship.

2. If an action under this section is
brought before the birth of the child, all proceedings must be stayed until
after the birth, except service of process and the taking of depositions to
perpetuate testimony.

3. Upon the request of any of the persons
listed in subsection 1, the district attorney shall take such action as is necessary
to establish the parentage of a child.

1. An action brought under this chapter to
declare the existence or nonexistence of the father and child relationship is
not barred until 3 years after the child reaches the age of majority.

2. This section does not alter the time
within which a right of inheritance or a right to a succession may be asserted
beyond the time provided by law relating to distribution and closing of
decedents’ estates or to the determination of heirship, or otherwise.

(Added to NRS by 1979, 1272; A 1981, 1573; 1983,
1870)

NRS 126.091Jurisdiction; venue.

1. Each district court has jurisdiction of
an action brought under this chapter. The action may be joined with an action
for divorce, annulment, separate maintenance or support.

2. A person who has sexual intercourse in
this state thereby submits to the jurisdiction of the courts of this state as
to an action brought under this chapter with respect to a child who may have
been conceived by that act of intercourse. In addition to any other method
provided by law, personal jurisdiction may be acquired by personal service of
summons outside this state or by certified mail, restricted delivery, with
return receipt requested.

3. The action may be brought in the county
in which the child, the mother or the alleged father resides or is found or, if
the father is deceased, in which proceedings for probate of the father’s estate
have been or could be commenced. The court has jurisdiction whether or not the
plaintiff resides in this state.

4. If an action to establish paternity is
transferred from one judicial district in this state to another judicial
district in this state, the district court to which the action is transferred
shall not require the petitioner to file additional documents with the court or
provide additional service of process upon the respondent to maintain
jurisdiction over the parties.

1. If the court determines that it is
necessary for the child to be made a party to the action, the court may make
the child a party to the action. If the child is a minor and the court
determines that it is necessary to appoint a guardian ad litem to represent the
child, the court may appoint a guardian ad litem for the child. The child’s
mother or father may not represent the child as guardian or otherwise.

2. The natural mother and a man presumed
to be the father under NRS 126.051 must be made
parties, but if more than one man is presumed to be the natural father, only a
man presumed pursuant to subsection 2 or 3 of NRS
126.051 is an indispensable party. Any other presumed or alleged father may
be made a party.

NRS 126.105Service of process.Whenever
service of process is required in an action brought under this chapter to
determine the existence or nonexistence of the paternal relationship, it may be
made pursuant to Rule 4 of N.R.C.P. or by certified mail, restricted delivery,
with return receipt requested.

1. The court shall endeavor to resolve the
issues raised in an action pursuant to this chapter by an informal hearing.

2. As soon as practicable after an action
to declare the existence or nonexistence of the father and child relationship
has been brought, an informal hearing must be held. The court may order that
the hearing be held before a master or referee. The public shall be barred from
the hearing. A record of the proceeding or any portion thereof must be kept if
any party requests or the court orders. Strict rules of evidence need not be
observed, but those prescribed in NRS
233B.123 apply.

3. Upon refusal of any witness, including
a party, to testify under oath or produce evidence, the court may order the
witness to testify under oath and produce evidence concerning all relevant
facts. If the refusal is upon the ground that the witness’s testimony or
evidence might tend to incriminate the witness, the court may grant the witness
immunity from prosecution for all criminal offenses shown in whole or in part
by testimony or evidence the witness is required to produce, except for perjury
committed in his or her testimony. The refusal of a witness who has been
granted immunity to obey an order to testify or produce evidence is a civil
contempt of the court.

4. Testimony of a physician concerning the
medical circumstances of the pregnancy and the condition and characteristics of
the child upon birth is not privileged.

(Added to NRS by 1979, 1273)

NRS 126.121Tests for typing of blood or genetic identification;
admissibility in court; effect of refusal to submit to test.

1. The court may, and shall upon the
motion of a party, order the mother, child, alleged father or any other person
so involved to submit to one or more tests for the typing of blood or taking of
specimens for genetic identification to be made by a designated person, by
qualified physicians or by other qualified persons, under such restrictions and
directions as the court or judge deems proper. Whenever such a test is ordered
and made, the results of the test must be received in evidence and must be made
available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The results of the test and any sample or
specimen taken may be used only for the purposes specified in this chapter.
Unless a party files a written objection to the result of a test at least 30
days before the hearing at which the result is to be received in evidence, the
result is admissible as evidence of paternity without foundational testimony or
other proof of authenticity or accuracy. The order for such a test also may
direct that the testimony of the experts and of the persons so examined may be
taken by deposition or written interrogatories.

2. If any party refuses to submit to or
fails to appear for a test ordered pursuant to subsection 1, the court may
presume that the result of the test would be adverse to the interests of that
party or may enforce its order if the rights of others and the interests of
justice so require.

3. The court, upon reasonable request by a
party, shall order that independent tests for determining paternity be
performed by other experts or qualified laboratories.

4. In all cases, the court shall determine
the number and qualifications of the experts and laboratories.

5. As used in this section:

(a) “Designated person” means a person who is:

(1) Properly trained to take samples or
specimens for tests for the typing of blood and genetic identification; and

(2) Designated by an enforcing authority
to take such samples or specimens.

(b) “Enforcing authority” means the Division of
Welfare and Supportive Services of the Department of Health and Human Services,
its designated representative, a district attorney or the Attorney General when
acting pursuant to NRS 425.380.

(a) Evidence of sexual intercourse between the
mother and alleged father at any possible time of conception.

(b) An expert’s opinion concerning the
statistical probability of the alleged father’s paternity based upon the
duration of the mother’s pregnancy.

(c) The results of any test for the typing of
blood or taking of specimens for genetic identification that is:

(1) Of a type acknowledged as reliable by
an organization approved by the Secretary of Health and Human Services; and

(2) Performed by a laboratory which is accredited
by such an organization.

(d) An expert’s opinion concerning the results of
a blood test or test for genetic identification, weighted in accordance with
evidence, if available, of the statistical probability of the alleged father’s
paternity.

(e) Medical or anthropological evidence relating
to the alleged father’s paternity of the child based on tests performed by
experts.

(f) All other evidence relevant to the issue of
paternity of the child.

2. Bills or receipts for the costs of:

(a) Medical care received during the pregnancy;

(b) The birth of the child; or

(c) Tests for the typing of blood or taking of
specimens for genetic identification to determine the paternity of the child,

Ê are prima
facie evidence of the amounts incurred for those services and are admissible as
evidence without the foundational testimony of a third party.

1. On the basis of the information
produced at the pretrial hearing, the judge, master or referee conducting the
hearing shall evaluate the probability of determining the existence or
nonexistence of the father and child relationship in a trial and whether a
judicial declaration of the relationship would be in the best interest of the
child. On the basis of the evaluation, an appropriate recommendation for
settlement must be made to the parties, which may include any of the following:

(a) That the action be dismissed with or without
prejudice.

(b) That the matter be compromised by an
agreement among the alleged father, the mother and the child, in which the
father and child relationship is not determined but in which a defined economic
obligation, fully secured by payment or otherwise, is undertaken by the alleged
father in favor of the child and, if appropriate, in favor of the mother,
subject to approval by the judge, master or referee conducting the hearing. In
reviewing the obligation undertaken by the alleged father in a compromise
agreement, the judge, master or referee conducting the hearing shall consider
the best interest of the child, discounted by the improbability, as it appears
to him or her, of establishing the alleged father’s paternity or nonpaternity
of the child in a trial of the action. In the best interest of the child, the
court may order that the alleged father’s identity be kept confidential. In
that case, the court may designate a person or agency to receive from the alleged
father and disburse on behalf of the child all amounts paid by the alleged
father in fulfillment of obligations imposed on the alleged father.

(c) That the alleged father voluntarily
acknowledge his paternity of the child.

2. If the parties accept a recommendation
made in accordance with subsection 1, judgment may be entered accordingly.

3. If a party refuses to accept a
recommendation made under subsection 1 and blood tests or tests for genetic
identification have not been taken, the court shall require the parties to
submit to blood tests or tests for genetic identification, if practicable.
Thereafter the judge, master or referee shall make an appropriate final
recommendation. If a party refuses to accept the final recommendation, the
action must be set for trial.

4. The guardian ad litem may accept or
refuse to accept a recommendation under this section.

5. The pretrial hearing may be terminated
and the action set for trial if the judge, master or referee conducting the
hearing finds unlikely that all parties would accept a recommendation he or she
might make under subsection 1 or 3.

NRS 126.143Order for temporary support of child.After
an action is set for trial pursuant to NRS 126.141,
the judge, master or referee shall, upon the motion of a party, issue an order
providing for the temporary support of the child pending the resolution of the
trial if the judge, master or referee determines that there is clear and
convincing evidence that the party against whom the order is issued is the
father of the child.

NRS 126.151Trial: Applicability of Nevada Rules of Civil Procedure;
admissibility of evidence of other sexual contact; without jury.

1. An action under this chapter is a civil
action governed by the Nevada Rules of Civil Procedure. The mother of the child
and the alleged father are competent to testify and may be compelled to
testify. Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131
apply.

2. In an action against an alleged father,
evidence offered by the alleged father with respect to a man who is not subject
to the jurisdiction of the court concerning that man’s sexual intercourse with
the mother at or about the probable time of conception of the child is
admissible in evidence only if the alleged father has undergone and made
available to the court blood tests or tests for genetic identification, the
results of which show a probability less than 99 percent that the alleged
father is the father of the child.

1. A judgment or order of a court, or a
judgment or order entered pursuant to an expedited process, determining the
existence or nonexistence of the relationship of parent and child is
determinative for all purposes.

2. If such a judgment or order of this
State is at variance with the child’s birth certificate, the judgment or order
must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

3. If the child is a minor, such a
judgment or order of this State must provide for the child’s support as
required by chapter 125B of NRS and must
include an order directing the withholding or assignment of income for the
payment of the support unless:

(a) One of the parties demonstrates and good
cause is found by the court, or pursuant to the expedited process, for the
postponement of the withholding or assignment; or

(b) All parties otherwise agree in writing.

4. Such a judgment or order of this State may:

(a) Contain any other provision directed against
the appropriate party to the proceeding, concerning the duty of support, the
custody and guardianship of the child, visitation with the child, the
furnishing of bond or other security for the payment of the judgment, or any
other matter in the best interest of the child.

(b) Direct the father to pay the reasonable
expenses of the mother’s pregnancy and confinement. The court may limit the
father’s liability for past support of the child to the proportion of the
expenses already incurred which the court deems just.

5. A court that enters such a judgment or
order shall ensure that the social security numbers of the mother and father
are:

(a) Provided to the Division of Welfare and
Supportive Services of the Department of Health and Human Services.

(b) Placed in the records relating to the matter
and, except as otherwise required to carry out a specific statute, maintained
in a confidential manner.

6. As used in this section, “expedited
process” means a voluntary acknowledgment of paternity, judicial procedure or
an administrative procedure established by this or another state, as that term
is defined in NRS 130.10179, to
facilitate the collection of an obligation for the support of a child.

NRS 126.163Order issued on or after October 1, 1998: Provision of
information by court and parties to action; regulations.

1. A court that, on or after October 1,
1998, issues an order in this State establishing the paternity of a child
shall:

(a) Obtain and provide to the Division of Welfare
and Supportive Services of the Department of Health and Human Services such
information regarding the order as the Division of Welfare and Supportive
Services determines is necessary to carry out the provisions of 42 U.S.C. §
654a.

(b) Ensure that the social security numbers of
the child and the parents of the child are placed in the records relating to
the matter and, except as otherwise required to carry out a specific statute,
maintained in a confidential manner.

2. Within 10 days after a court of this State
issues an order establishing the paternity of a child, each party to the cause
of action shall file with the court that issued the order and with the Division
of Welfare and Supportive Services:

(a) The party’s social security number;

(b) The party’s residential and mailing
addresses;

(c) The party’s telephone number;

(d) The party’s driver’s license number; and

(e) The name, address and telephone number of the
employer of the party.

Ê Each party
shall update the information filed with the court and with the Division of
Welfare and Supportive Services pursuant to this subsection within 10 days
after that information becomes inaccurate.

3. The Division of Welfare and Supportive
Services shall adopt regulations specifying the particular information required
to be provided pursuant to subsection 1 to carry out the provisions of 42
U.S.C. § 654a.

NRS 126.171Costs.The court
may order reasonable fees of counsel, experts and the child’s guardian ad
litem, and other costs of the action and pretrial proceedings, including blood
tests or tests for genetic identification, to be paid by the parties in proportions
and at times determined by the court. The court may order the proportion of any
indigent party to be paid by the county. In no event may the State be assessed
any costs when it is a party to an action to determine parentage.

1. If the parent and child relationship
has been established, the obligation of a parent may be enforced in the same or
independent proceedings by the other parent, the child, the public authority
that has furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support or funeral, or by any other person, including a
private agency, to the extent he or she has furnished or is furnishing these
expenses.

2. The court may order support payments to
be made to the custodial parent or a person or public agency designated to
administer them for the benefit of the child under the supervision of the
court.

3. Willful failure to obey the judgment or
order of the court is a civil contempt of the court. All remedies for the
enforcement of judgments apply.

NRS 126.191Modification of judgment or order.Except
as otherwise provided in NRS 125B.140
and chapter 130 of NRS, the court has continuing
jurisdiction to modify the judgment or order as to custody, visitation or
support.

NRS 126.193Cause of action subsequent to issuance of order: Notice and
service of process.If, after a
court issues an order establishing the paternity of a child, a subsequent cause
of action between the parties concerning the support of the child is initiated,
the requirements for notice and service of process shall be deemed to have been
met with respect to a party to the proceeding who cannot be found if:

1. The party initiating the proceeding
shows proof that diligent effort has been made to ascertain the location of the
missing party; and

2. Written notice of the initiation of the
proceeding has been mailed to the mailing address of the missing party or the
address of the missing party’s employer as those addresses appear in the
information required to be filed pursuant to subsection 2 of NRS 126.163.

NRS 126.201Right to counsel; appointment of counsel by court; free
transcript on appeal.

1. At the pretrial hearing and in further
proceedings, any party may be represented by counsel. If a party is financially
unable to obtain counsel, the court may appoint counsel to represent that party
with respect to the determination of the existence or nonexistence of the
parent and child relationship and the duty of support, including without
limitation the expenses of the mother’s pregnancy and confinement, medical
expenses for the birth of the child and support of the child from birth until
trial.

2. If a party is financially unable to pay
the cost of a transcript, the court shall furnish on request a transcript for
purposes of appeal.

(Added to NRS by 1979, 1276; A 1983, 1873)

NRS 126.211Hearings and records: Confidentiality.Any
hearing or trial held under this chapter must be held in closed court without admittance
of any person other than those necessary to the action or proceeding. All
papers and records, other than the final judgment, pertaining to the action or
proceeding, whether part of the permanent record of the court or of a file in
the Division of Welfare and Supportive Services of the Department of Health and
Human Services or elsewhere, are subject to inspection only upon consent of the
court and all interested persons, or in exceptional cases only upon an order of
the court for good cause shown.

(Added to NRS by 1979, 1276)

NRS 126.221Substitution of certificate of birth.Upon
order of a court of this state or upon request of a court of another state, the
State Registrar of Vital Statistics shall prepare a new certificate of birth
consistent with the findings of the court and substitute the new certificate
for the original certificate of birth as provided in NRS 440.270 to 440.340, inclusive.

(Added to NRS by 1979, 1277)

NRS 126.223Entry of default upon failure to plead or defend in action.If a man who is alleged to be the father of a
child in an action brought pursuant to this chapter fails to plead or otherwise
defend against the action as provided in the Nevada Rules of Civil Procedure,
the clerk of the court shall enter his default upon a showing of proof of
service of process and any other showing required pursuant to the Nevada Rules
of Civil Procedure.

NRS 126.231Who may bring action; provisions of chapter applicable to
action.Any interested party may
bring an action to determine the existence of a mother and child relationship.
Insofar as practicable, the provisions of this chapter applicable to the father
and child relationship apply to that action.

(Added to NRS by 1979, 1276; A 1983, 1873)

PROCEEDINGS TO COMPEL SUPPORT

NRS 126.291Proceedings not exclusive; fees.

1. Proceedings to compel support by a
nonsupporting parent may be brought in accordance with this chapter. They are
not exclusive of other proceedings. The court may assess the usual filing fees,
charges or court costs against the nonsupporting parent and shall enforce their
collection with the other provisions of the judgment.

2. Except as otherwise provided in this
subsection, when the district attorney is requested to bring an action to
compel support or an action to determine paternity, the district attorney may
charge the requester a fee of not more than $20 for an application. This fee
may not be assessed against:

(a) The State of Nevada when acting as a party to
an action brought pursuant to this chapter.

(b) Any person or agency requesting services
pursuant to chapter 130 of NRS.

3. If the court finds that a parent and child
relationship exists, it may assess against the nonsupporting parent, in
addition to any support obligation ordered a reasonable collection fee. If the
court finds that the nonsupporting parent would experience a financial hardship
if required to pay the fee immediately, it may order that the fee be paid in
installments, each of which is not more than 25 percent of the support
obligation for each month.

4. All fees collected pursuant to this
section must be deposited in the general fund of the county and an equivalent
amount must be allocated to augment the county’s program for the enforcement of
support obligations.

NRS 126.295Form of complaint; verification.The
complaint must be in writing and verified by oath or affirmation of the
complainant.

[10:87:1923; NCL § 3414]—(NRS A 1983, 262, 1875)

NRS 126.301Absence of defendant.If
the defendant fails to appear, the court may proceed as if the defendant were
present and hear the complaint. The court shall require the plaintiff to
establish the facts, and shall give full and careful consideration to all
evidence presented and the rights and claims of the plaintiff, defendant and
children, and the best interests of the child or children involved. The court
shall, upon its own findings or the verdict of the jury, make such orders as it
would make if the defendant were present.

[17:87:1923; NCL § 3421]—(NRS A 1979, 1280; 1983, 1875)

NRS 126.311Effect of death, absence or insanity of plaintiff.If after the complaint has been filed, the
plaintiff dies, becomes insane or cannot be found within the jurisdiction, the
proceeding does not abate, but the child may be substituted as complainant by
the child’s guardian ad litem.

NRS 126.321Effect of death of defendant.In
case of the death of the defendant, the action to compel support may be
prosecuted against the personal representatives of the deceased with like
effect as if the defendant were living, subject as regards the measure of
support to the provisions of this chapter. No personal representative may be
required to post a bond.

1. The court may require the payments to
be made to the custodial parent, a public agency or a person designated by the
court as trustee.

2. If the Division of Welfare and
Supportive Services of the Department of Health and Human Services has provided
money for the support of the child, the court shall direct that payment be made
to the Division as provided for in NRS
425.360.

3. Except as otherwise provided in
subsection 1 of NRS 425.410, the
payments must be made to a trustee if the custodial parent does not reside
within the jurisdiction of the court or has assigned his or her right to
receive support to a public agency in another state.

4. The trustee shall report to the court
annually, or more often, as directed by the court, the amounts received and
paid over.

NRS 126.371Promise to furnish support for child: Enforcement;
confidentiality.[Replaced in
revision by NRS 126.900.]

GESTATIONAL AGREEMENTS

NRS 126.500Definitions.As
used in NRS 126.500 to 126.810,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 126.510 to 126.630,
inclusive, have the meanings ascribed to them in those sections.

NRS 126.520“Domestic partner” defined.“Domestic
partner” means a person who is in a domestic partnership which is registered
pursuant to chapter 122A of NRS and which
has not been terminated pursuant to that chapter.

NRS 126.540“Donor” defined.“Donor”
means a person with dispositional control of eggs, sperm or embryos who
provides eggs, sperm or embryos to another person for gestation and
relinquishes all present and future parental and inheritance rights and
obligations to any resulting child.

NRS 126.550“Embryo” defined.“Embryo”
means a cell or group of cells containing a diploid complement of chromosomes
or a group of such cells, not including a gamete, that has the potential to
develop into a live born human being if transferred into the body of a woman
under conditions in which gestation may be reasonably expected to occur.

NRS 126.560“Gamete” defined.“Gamete”
means a cell containing a haploid complement of deoxyribonucleic acid that has
the potential to form an embryo when combined with another gamete. The term
includes:

1. Sperm.

2. Eggs.

3. Nuclear deoxyribonucleic acid from one
human being combined with the cytoplasm, including, without limitation,
cytoplasmic deoxyribonucleic acid, of another human being.

NRS 126.580“Gestational carrier” defined.“Gestational
carrier” means an adult woman who is not an intended parent and who enters into
a gestational agreement to bear a child conceived using the gametes of other
persons and not her own.

NRS 126.590“Intended parent” defined.“Intended
parent” means a person, married or unmarried, who manifests the intent as
provided in NRS 126.500 to 126.810,
inclusive, to be legally bound as the parent of a child resulting from assisted
reproduction.

NRS 126.640Scope of relationship.Except
as otherwise provided by any other provision of law, unless parental rights are
terminated, a parent and child relationship established under NRS 126.500 to 126.810,
inclusive, applies for all purposes.

NRS 126.650Inapplicability to birth of child conceived by means other than
assisted reproduction.NRS 126.500 to 126.810,
inclusive, do not apply to the birth of a child conceived by means other than
assisted reproduction.

NRS 126.670Person who provides gametes for, or consents to, assisted
reproduction with intent to be parent of child is parent of resulting child.A person who provides gametes for, or consents
to, assisted reproduction by a woman, as provided in NRS
126.680, with the intent to be a parent of her child is a parent of the
resulting child.

1. Consent by a person who intends to be a
parent of a child born by assisted reproduction must be in a signed record.

2. Failure of a person to sign a consent
required by subsection 1, before or after the birth of the child, does not
preclude a finding of parentage if the woman and the person, during the first 2
years of the child’s life, resided together in the same household with the
child and openly held out the child as their own.

1. Except as otherwise provided in
subsection 2, the legal spouse or domestic partner of a woman who gives birth
to a child by means of assisted reproduction may not challenge the parentage of
the child unless:

(a) Within 2 years after learning of the birth of
the child, a proceeding is commenced to adjudicate parentage; and

(b) The court finds that, before or after the
birth of the child, the legal spouse or domestic partner did not consent to the
assisted reproduction.

2. A proceeding to adjudicate parentage
may be maintained at any time if the court determines that:

(a) The legal spouse or domestic partner did not
provide gametes for, or consent to, the assisted reproduction by the person who
gave birth;

(b) The legal spouse or domestic partner and the
woman who gave birth to the child have not cohabited since the probable time of
the assisted reproduction; and

(c) The legal spouse or domestic partner never
openly held out the child as his or her own.

NRS 126.700Former spouse or former domestic partner not parent if marriage
or partnership dissolved or terminated before transfer of eggs, sperm or
embryos unless consented to in record; withdrawal of consent.

1. If a marriage or domestic partnership
is dissolved or terminated before the transfer of eggs, sperm or embryos, the
former spouse or former domestic partner is not a parent of the resulting child
unless the former spouse or former domestic partner consented in a record that
if assisted reproduction were to occur after a dissolution or termination, the
former spouse or former domestic partner would be a parent of the child.

2. The consent of a person to assisted
reproduction may be withdrawn by that person in a record at any time before
placement of the eggs, sperm or embryos.

1. A prospective gestational carrier, her
legal spouse or domestic partner if she is married or in a domestic
partnership, a donor or the donors and the intended parent or parents may enter
into a written agreement providing that:

(a) The prospective gestational carrier agrees to
pregnancy by means of assisted reproduction;

(b) The prospective gestational carrier, her
legal spouse or domestic partner if she is married or in a domestic
partnership, and the donor or donors relinquish all rights and duties as the
parents of a child conceived through assisted reproduction; and

(c) The intended parent or parents become the
parent or parents of any resulting child.

2. If two persons are the intended
parents, both of the intended parents must be parties to the gestational
agreement.

3. A gestational agreement is enforceable
only if it satisfies the requirements of NRS 126.750.

4. A gestational agreement may provide for
payment of consideration pursuant to NRS 126.800
and 126.810.

NRS 126.720Intended parent considered parent of child; exception;
assumption of rights and obligations by parties of gestational carrier; court
order validating gestational agreement.

1. If a gestational carrier arrangement
satisfies the requirements of NRS 126.740 and 126.750:

(a) The intended parent or parents shall be
considered the parent or parents of the resulting child immediately upon the
birth of the child;

(b) The resulting child shall be considered the
child of the intended parent or parents immediately upon the birth of the
child;

(c) Parental rights vest in the intended parent
or parents immediately upon the birth of the resulting child;

(d) Sole legal and physical custody of the
resulting child vest with the intended parent or parents immediately upon the
birth of the child; and

(e) Neither the gestational carrier nor her legal
spouse or domestic partner, if any, shall be considered the parent of the
resulting child.

2. If a gestational carrier arrangement
satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the
resulting child is not genetically related to the intended parent or either of
the intended parents or any donor who donated to the intended parent or
parents, the intended parent or parents shall be considered the parent or
parents of the child, unless a determination to the contrary is made by a court
of competent jurisdiction in an action which may only be brought by one or more
genetic parents of the resulting child within 60 days after the birth of the
child.

3. The parties to a gestational carrier
arrangement shall assume the rights and obligations of subsections 1 and 2 if:

(a) The gestational carrier satisfies the
eligibility requirements set forth in subsection 1 of NRS
126.740;

(b) The intended parent or parents satisfy the
requirement set forth in subsection 2 of NRS 126.740;
and

(c) The gestational carrier arrangement occurs
pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.

4. Before or after the birth of the
resulting child, the intended parent or parents or the prospective gestational
carrier or gestational carrier may commence a proceeding in any district court
in this State to obtain an order designating the content of the birth certificate
issued as provided in NRS 440.270 to 440.340, inclusive. If:

(a) The resulting child is to be born in this
State;

(b) A copy of the gestational agreement is
attached to the petition; and

1. Except as otherwise provided in NRS 239.0115, all hearings held in a
proceeding under NRS 126.710 to 126.810, inclusive, are confidential and must be held
in closed court, without admittance of any person other than the parties to a
gestational agreement, their witnesses and attorneys, except by order of the
court.

2. The files and records pertaining to a
gestational carrier arrangement, gestational agreement or proceeding under NRS 126.710 to 126.810,
inclusive, are not open to inspection by any person except:

(a) Upon an order of the court expressly so
permitting pursuant to a petition setting forth the reasons therefor; or

(b) As provided pursuant to subsection 3.

3. A person who intends to file a petition
to enforce a gestational agreement may inspect the files or the records of the
court concerning the gestational agreement.

1. A prospective gestational carrier is
eligible to be a gestational carrier pursuant to NRS
126.710 to 126.810, inclusive, if, at the time
the gestational agreement is executed, she:

(a) Has completed a medical evaluation relating
to the anticipated pregnancy;

(b) Has undergone legal consultation with
independent legal counsel regarding the terms of the gestational agreement and
the potential legal consequences of the gestational carrier arrangement; and

(c) Did not contribute any gametes that will ultimately
result in an embryo that she will attempt to carry to term.

2. The intended parent or parents shall be
deemed to have satisfied the requirements of NRS
126.710 to 126.810, inclusive, if, before the
gestational carrier agreement is executed, he, she or they have undergone legal
consultation with independent legal counsel regarding the terms of the
gestational agreement and the potential legal consequences of the gestational
carrier arrangement.

1. A gestational agreement is enforceable
only if it satisfies the requirements of this section.

2. The gestational carrier and the
intended parent or parents must be represented by separate, independent counsel
in all matters concerning the gestational carrier arrangement and gestational
agreement.

3. A gestational agreement must:

(a) Be in writing;

(b) Be executed before the commencement of any
medical procedures in furtherance of the gestational carrier arrangement, other
than the medical evaluation required by subsection 1 of NRS
126.740 to determine the eligibility of the gestational carrier, by:

(1) A gestational carrier satisfying the
eligibility requirements set forth in subsection 1 of NRS
126.740 and the legal spouse or domestic partner of the gestational
carrier, if any; and

(2) An intended parent or parents
satisfying the requirement set forth in subsection 2 of NRS
126.740;

(c) Be notarized and signed by all the parties
with attached declarations of the independent attorney of each party; and

(d) Include the separate, written and signed
acknowledgment of the gestational carrier and the intended parent or parents
stating that he or she has received information about the legal, financial and
contractual rights, expectations, penalties and obligations of the gestational
agreement.

4. A gestational agreement must provide
for:

(a) The express written agreement of the
gestational carrier to:

(1) Undergo embryo or gamete transfer and
attempt to carry and give birth to any resulting child; and

(2) Surrender legal and physical custody
of any resulting child to the intended parent or parents immediately upon the
birth of the child;

(b) The express written agreement of the legal
spouse or domestic partner, if any, of the gestational carrier to:

(1) Undertake the obligations imposed upon
the gestational carrier pursuant to the terms of the gestational agreement; and

(2) Surrender legal and physical custody
of any resulting child to the intended parent or parents immediately upon the
birth of the child;

(c) The express written agreement of each party
to the use by the gestational carrier of the services of a physician of her
choosing, after consultation with the intended parent or parents, to provide
care to the gestational carrier during the pregnancy; and

(d) The express written agreement of the intended
parent or parents to:

(1) Accept legal and physical custody of
any resulting child not biologically related to the gestational carrier or her
spouse or domestic partner, if any, immediately upon the birth of the child or
children regardless of the number, gender or mental or physical condition of
the child or children; and

(2) Assume sole responsibility for the
support of any resulting child not biologically related to the gestational
carrier or her spouse or domestic partner, if any, immediately upon the birth
of the child.

5. A gestational agreement is enforceable
even if it contains one or more of the following provisions:

(a) The gestational carrier’s agreement to
undergo all medical examinations, treatments and fetal monitoring procedures
recommended for the success of the pregnancy by the physician providing care to
the gestational carrier during the pregnancy.

(b) The gestational carrier’s agreement to
abstain from any activities that the intended parent or parents or the
physician providing care to the gestational carrier during the pregnancy
reasonably believes to be harmful to the pregnancy and the future health of any
resulting child, including, without limitation, smoking, drinking alcohol,
using nonprescribed drugs, using prescription drugs not authorized by a
physician aware of the pregnancy, exposure to radiation or any other activity
proscribed by a health care provider.

(c) The agreement of the intended parent or
parents to pay the gestational carrier reasonable compensation.

(d) The agreement of the intended parent or
parents to pay for or reimburse the gestational carrier for reasonable
expenses, including, without limitation, medical, legal or other professional
expenses, related to the gestational carrier arrangement and the gestational
agreement.

NRS 126.770Marriage or domestic partnership of gestational carrier after
executing gestational agreement does not affect validity of agreement.The marriage or domestic partnership of a
gestational carrier after she executes a gestational agreement does not affect
the validity of the gestational agreement and:

1. The consent of the legal spouse or
domestic partner of the gestational carrier to the gestational agreement is not
required.

2. The legal spouse or domestic partner of
the gestational carrier must not be presumed to be the parent of any resulting
child.

NRS 126.780Gestational agreement: Noncompliance; authority of court to
determine rights and obligations of parties to agreement.

1. A gestational carrier, her legal spouse
or domestic partner, if any, or the intended parent or parents are in
noncompliance when he, she or they breach any provision of the gestational
agreement or fail to meet any of the requirements of NRS
126.710 to 126.810, inclusive.

2. In the event of noncompliance, a court
of competent jurisdiction shall determine the respective rights and obligations
of the parties to the gestational agreement based solely on the evidence of the
original intent of the parties.

3. There must be no specific performance
remedy available for breach of the gestational agreement by the gestational
carrier that would require the gestational carrier to be impregnated.

NRS 126.800Reimbursement of gestational carrier for expenses and economic
losses.

1. A gestational carrier may receive
reimbursement for expenses and economic losses resulting from participation in
the gestational carrier arrangement.

2. A donor may receive reimbursement for
expenses and economic losses resulting from the retrieval or storage of gametes
or embryos and incurred after the donor has entered into a valid agreement in a
record to be a donor.

3. Except as otherwise provided in
subsection 4, economic losses occurring before the donor has entered into a
valid agreement in a record to be a donor may not be reimbursed.

4. Any premiums paid for insurance against
economic losses directly resulting from the retrieval or storage of gametes or
embryos for donation may be reimbursed even if such premiums were paid before
the donor entered into a valid agreement in a record, so long as such agreement
becomes valid and effective before the gametes or embryos are used in assisted
reproduction pursuant to the terms of the agreement.

NRS 126.900Promise to furnish support for child: Enforcement;
confidentiality.

1. Any promise in writing to furnish
support for a child, growing out of a supposed or alleged parent and child
relationship, does not require consideration and is enforceable according to
its terms.

2. In the best interest of the child or
the custodial parent, the court may, and upon the promisor’s request shall,
order the promise to be kept in confidence and designate a person or agency to
receive and disburse on behalf of the child all amounts paid in performance of
the promise.

(Added to NRS by 1979, 1276; A 1983,
1875)—(Substituted in revision for NRS 126.371)